MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           09 SEPTEMBER 2003                   
	DOCKET NUMBER:  AR2003083905

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Disability separation or retirement. 

APPLICANT STATES:  In effect, that he suffers from “bipolar disorder” which went undiagnosed until 1990 and as such contends that he should have received a medical discharge.  In support of his request he submits a copy of a 2002 medical statement indicating the applicant is currently being treated for Bipolar Disorder and that he was diagnosed prior to being treated by the physician who authored the 2002 statement.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 10 February 1983.  The applicant was 29 years old at time of his enlistment, had completed 14 years of formal education, and had aptitude area scores all exceeding 105, including a GT (general technical) score of 114.

Following the applicant’s entrance on active duty, he was assigned to Fort Bliss, Texas for training.

On 11 April 1983 the applicant unit commander initiated actions to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 11 (Trainee Discharge Program).  The commander cited the applicant’s instability and emotional immaturity, as well as a mental health evaluation which recommended the applicant not be allowed to handle weapons, as the basis for his recommendation.

The applicant acknowledged receipt of the proposed separation, consulted with counsel, and waived his attendant rights, including his right to a separation physical examination.

The commander’s recommendation was approved and on 25 April 1983 the applicant was discharged for “entry level status performance and conduct.”  His service was characterized as “entry level status.”

There were no medical records available to the Board, nor did his file contain a copy of the mental status evaluation referred to in the commander’s recommendation for separation.

The 2002 letter, authored by the applicant’s treating physician, notes that she is “currently treating” the applicant for “Bipolar Disorder” and that he “was diagnosed prior to my treatment of him and my assessment supports this diagnosis.”  The document does not indicate when the applicant was diagnosed with Bipolar Disorder, nor how long the author of the statement had been treating the applicant.  The statement also notes that the applicant “was not under my care when he was younger, his report of early symptoms indicate his disorder may have affected his behavior at an early age.”

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry-level status, as a result of entry level performance or conduct, who cannot or will not adapt socially or emotionally to military life or who have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  

Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital, and other EPTS (existed prior to entry in service) conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnosed or should have been diagnosed.

Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits.

Army Regulation 635-200, paragraph 5-11, provides for the administrative separation of soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment providing that the medical condition is identified by appropriate military medical authorities within 6 months of the soldier’s initial entrance on active duty with the Regular Army.  The service of soldiers separated under the preceding provisions is “uncharacterized” for those who are in an entry-level status (within first 180 days of continuous active duty).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant has provided no evidence which confirms that he suffered from Bipolar Disorder during his brief period of military service in 1983.  The fact that he is now receiving treatment for such a disorder, or that he was diagnosed with the disorder several years after his separation, does not serve as a basis to change the reason for his 1983 separation from active duty.  The evidence available to the Board indicates that the applicant did have a mental status evaluation prior to his separation and there is no indication that he was suffering from Bipolar Disorder at the time.

2.  Notwithstanding the preceding conclusion, the Board notes that even if the applicant had been diagnosed with Bipolar Disorder at the time of his military service, it is highly unlikely that the disorder would have been incurred or aggravated by his short period of military service.  In such an instance, the applicant would have been administratively separated under the provisions of Army Regulation 635-200, paragraph 5-11 for an EPTS condition.  His separation would have been without benefits.

3.  In the absence of evidence to the contrary the Board presumes that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__SLP __  __WTM__  __TAP __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003083905	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030909	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.